International Journal of Business & Law Research 9(1):185-194, Jan –Mar., 2021

© SEAHI PUBLICATIONS, 2021 www.seahipaj.org ISSN: 2360-8986

The Killing Of Civil Protesters In : The Human Rights And Constitutional Conundrum

*Dr Anne Amuche Obiora

ABSTRACT There have been human right abuses and or violation which include knowledge and arbitrary killings, kidnapping, tortures, rapes etc. these have continued in Nigeria in spite of the provisions for the fundamental human rights protection in the 1999 constitution and the universal declaration of Human Rights (UDHR) which Nigeria asserted to and even domesticated for implementation. The 1999 constitution of the Federal Republic of Nigeria had been undully criticized as a document hurriedly compiled by the military in preparation for handover to the civilian government at the inception of the 4th Republic. Several of the Nigerian challenges are attributed to the perceived imbalances and inadequacies of the constitution which includes but not restricted to the following: revenue allocation, fiscal federation, state creation, resource control, reference to sharia in a country that is supposed to be circular state. Some of these imbalances have served as a trigger for civil unrest and protest in Nigeria. Civil protests are carried out by concerned citizens and their modus operandi are usually peaceful demonstration against certain activities of the government they considered unjust. It is an expression or declaration of objection or disapproval of current trends of event. Furthermore, the ENDSARS‟s protest in Nigeria against the Nigerian police brutally and corruption is only the last straw that broke the carmel‟s back. It is therefore the objective of this work to discuss those causes in view of the powers of police under section 4 of the Police Act and the 1999 Fundamental Human Rights provisions. The research method to be applied will include historical, analytical and doctrinal. The researcher recommends that the federating units be allowed to harness their mineral resources for their own economic, cultural and security development and that the outcome of the constitutional conference 2014 be implemented. Keywords: Civil Protesters, Human Rights, Constitutional Conudrum.

1.0 INTRODUCTION The Nigerian Police was first established in 1820 but it was over a century later in 1930 that the Northern and Southern Police Forces merged into the first National Police Force called the Nigerian Police Force1 . The duties of the police are as follows; prevention and detention of crime, apprehension of offenders, the preservation of law and order, the protection of live of life and property and the due enforcement of all laws and regulation with which they are directly charged and shall perform such military duties within or outside Nigeria as may be required of them by or under the authority of this or any other Act2. According to Police Act there shall be an inspector-General of the Nigeria Police, such number of Deputy Inspector General, Assistant Inspector-Generals as the Police Council as considers appropriate, a commissioner for each state of the Federation and such ranks as may, from time to time be appointed by the Nigeria Police Council3. In 1992, the Special Anti-Robbery Squad (SARS) was formed to combat armed robbery and other serious crimes4. Before that, anti-robbery was the responsibility of the Nigerian Police Force generally although, from 1984, anti-robbery units existed separately as part of different states‟ criminal investigation departments. ______*Dr. Anne Amuche Obiora, Lecturer faculty of law, Chukwuemeka Odumegwu University. Head, Department of Public and Private Law, Phone Number: 08035452310. Email: [email protected] and [email protected]. 1 Police Act (Regulation) Cap 280 Laws of Federation of Nigeria, 2014. 2 Ibid 3 Ibid. 4 https://en.wikipedia.org/wiki/End_SARS Accessed 15/01/2021, 9.30am

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Other special units, which went by different names at different times, included the intelligence unit, formed to tackle rising violent crime. In the early days of SARS officers operated undercover in plain clothes and plain vehicles without any security or government insignia and did not carry arms in public. Their main job was to monitor radio communication and facilitate successful arrest of criminal and armed robbers5 for 10 years, SARS only operated in Lagos, but by 2002, it had spread to all 36 states of the Federation as well as the Federal Capital Territory, Abuja. It was counted as one of the 14 units under the Nigerian Police Force Criminal Investigation and intelligence Department. Its mandate on the states includes arrest, investigation and prosecution of suspected armed robbery, murders, kidnappers, hired assassins and other suspected violent criminals. Emboldened by this new powers, the unit moved on from its main function of carrying out overt operations and began to set up roadblocks, extorting money from citizens. Officers remained in plain clothes but started to carry arm in public6. Recently, the unit has been implicated the spread of human right abuses, extra judicial killings, torture, arbitrary arrest, unlawful detention and extortion. SARS officers then allegedly moved on to targeting and detaining young people for cybercrime or being “online fraudsters, simply on the evidence of their owning a laptop or smart phone, and then demanding excessive bail fees for their release. Now Nigerian are disgusted and want to put a check on the activities of SARS. This culminated to a civil protest in 21 states in September 2020 when they shot a young man in Delta State. For ENDSARS protesters, restructuring the unit, changing its name and redeploying its officers to other units is not enough; reform must translate into accountability and justice7. Protest is a formal declaration made by a person or group of persons interested or concerned in some act about to be done, or already performed, whereby he expresses his dissent or disapproval, or affirms the act against his will8. The object of such a declaration is generally to save some right which would be lost to him if his implied assent could be made out, or to exonerate himself from some responsibility which would attach to him unless he expressly negative his assent9. Civil has to do with decency, politeness, and not being rude. It is related to the ordinary citizens of a country rather than armed forces10. As a result of all these the youths of Nigeria organized themselves for a civil harmless protest. But ironically security forces have responded with more brutality. The police shot tear gas, water cannon and live rounds at civil and harmless protesters across the country. Armed men have also disrupted rallies and attacked protesters, forcing the organizers to hire private security to repel the attacks. Comendrum is like a riddle or any perplexing question or thing11. It is a puzzling problem. It can also be a confusing problem or question that is difficult to solve12. However, the ENDSARS protest is just the last straw that broke the carmel‟s back as reflected in the abstract of this work. Those problems will now be discussed seriatim. In every country and among any given people, a constitution is first and foremost an expression of the will of the people of the country, or given a political unit, in terms of every provision contained in the constitution13. But the reverse is the case in Nigeria. This is because the 1999 constitution of the Federal Republic of Nigeria was written by the military and it favoured only the section of the country- the northern part. Consequently, all these have constituted problems which the triggered off the ENDSARS. However, the National Conference of 2014 tried to address the issues but the outcome was never implemented.

______5 Ibid. 6 Ibid 7 Ibid. 8.C Black, (Black‟s Law Dictionary, St. Paul Minn. West Publishing Co. U.S.A, 1990) P. 1223 9 The New International Webster‟s Comprehensive Dictionary of the English Language, Standard International Media Holding, United States of America, 2013 ( P. 243).. 10 A.S. Hornby Oxford Advanced Learner‟s Dictionary of Current English, Oxford University Press, Oxford, 1994.203 11 The New International Webster‟s Comprehensive Dictionary of the English Language, Standard International Media Holding, United States of America, 2013 ( P. 284). 12 A.S. Hornby Oxford Advanced Learner‟s Dictionary of Current English, Oxford University Press, Oxford, 2005 (P..320). 13 E. Malemi, The Nigerian Constitutional Law with fundamentals Rights (Enforcement Procedure) Rules 2009 Princeton Publishing Co. Lagos 2006 P 12

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1.2 Human right abuses in Nigeria The meaning of Human Rights The word “right” in the noun form means that to which a person has a just and valid claim, whether it be land, a thing, or the privilege of doing something or saying something. In the legal parlance, a legal right is either the liberty (protected by law) of acting or abstaining from acting in a specific manner, or the power (enforced by law) of compelling a specific person to do or abstain from doing a particular thing. A legal right is thus the capacity residing in one man or a group of men of controlling, with the assent and assistance of the state, the actions of others, or even the state.14 The security services of any nation are an integral part of the society that cannot be dispensed with and their responsibilities with regard to securing lives and properties cannot be overemphasized. -This is why it is, ironical that the ones who are supposed to safe-guard and protect turn around to -trample upon and violate the rights of the citizenry. The security services in Nigeria include: The i.e. Army, Air Force and Navy. The The State Security Services (SSS) Nigerian Security and Civil Defence Corps The Nigerian Prisons Service The Nigerian Customs Service The Nigerian Immigration Service

Some of the functions of these security agencies as provided by law include amongst others the preservation of law and order, detection of any crime within Nigeria, maintenance of internal security, the protection and preservation of all non military classified matters concerned with the internal security of Nigeria.15 Other functions of these security agencies are defending the nation from external aggression, maintaining its territorial integrity and securing violations on land, sea or air suppressing insurgency and acting in aid of civil authorities to restore order when they are called upon to do so by the President.16 . Human Rights have been variously defined. For instance Nnamdi J. Aduba in his book defined Human Rights as those rights that are in the very nature of human persons. They define and affirm humanity, they exist to ensure that Human -Rights remain sacred and guarantee that inhumanity and injustice are prevented or redressed17. Human Rights are rights possessed by all persons by virtue of their common humanity to live a life of freedom and dignity18. Human Rights are universal they Are the same for everyone' everywhere. They are inalienable; they are neither be taken away nor given up and they are indivisible, there is no hierarchy among rights and no right can be suppressed in order to promote another right19. The United - Nations in 1987 described Human .Rights in the" following manner: Human Rights could be generally defined as those 'rights without which we cannot 1.3 Function as Human In view .or the fact that Human Rights are backed by provisions of the law, for there to be a violation of Human Rights20, there must be a form of infringement of rights guaranteed under an existing law. To violate the most basic Human Rights is to deny individuals their fundamental moral entitlements. It is in a sense, to treat them if they are less than human and undeserving of respect and dignity. Examples of violations include acts typically deemed crimes against humanity such as genocide, torture, slavery, rape, deliberate starvation etc. Human rights violations cut across all spheres of man‟s existence and the Nigerian security services have been accused of being one of the greatest violators of the said rights in Nigeria21 ______14 O.M. Ogbu Human Rights Law and Practice in Nigeria (Second Revised Edition Vol. 1) Snaap Press Limited, Enugu (2013) p.1 15 National Security. Agency Act 2004 51 Cap N74 LFN 16 Constitution of the Federal Republic of Nigeria 19995217 (as amended) 17 Aduba, J. N, "Inquiries on Human Rights Practice in Nigeria Past, Present and Future" being an Inaugural Lecture delivered the University of Jos Inaugural lecture series, 54 on 29th June, 2012. P. 8 18 ibid 19 Ibid. 20 Ibid p.9 21 Oluwaige,1 and Anaba, I "Human Rights situation in Nigeria" The Vanguard Newspaper Friday, 5 March 2004 pp. 21-23; and 26; Agunloye, R. Y"lge's Killers May never be found" This Day Newspaper 12 September 2004

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Having looked at what Human Rights are and what constitutes Human Rights violations, we shall consider the various violations that have been reported in Nigeria, the circumstances leading to such violations, how and when they occurred as well as proffer suggestions aimed at minimizing such violations:

2.0 Analysis of Human Rights Violations in Nigeria The Nigeria Constitution 1999 (as amended) has captured the various human rights which the law seeks to protect under section 33 to 46 which are:  Right to life  Right to dignity of human person  Right to personal liberty  Right to fair heaving  Right to private and family life  Right to freedom of thought Conscience and Religion  Right to freedom of expression and press  Right to peaceful assembly and association  Right to freedom of movement  Right to freedom from discrimination  Right to Acquire and own immovable property anywhere in region  Right to compensation (compulsory acquisition of property)  Restriction on and derogation from fundamental right  Special Jurisdiction of High Court and Legal and

The above mentioned are the basic right, which the Nigeria Security Services never attached any importance to safeguard rather a constant violation as analyze below: 2.1 Odi Massacre On the 20th of November, 1999 defenseless and unarmed civilians were massacred in Odi, a village in Bayelsa State by the Nigerian military' as an- off shoot of an ongoing conflict in the over indigenous rights to oil resources and environmental protections. According to Human Rights Watch (HRW), over 2,500 lives were lost in that incident.22 This was a clear violation of the right to life of the affected individuals under former President Olusegun Obasanjo. Apart from the loss of lives of the Nigerians in question, it is ,worthy of ·note that the .violation of the fundamental human rights of these people by Nigerian security agencies is to cost the Federal Government a whopping sum of N37.6 Billion by way of-compensation to Odi people23 2.2 Zaki Biam Massacre The Human Rights Watch (HRW) again in its report of 26 October 2001 in New York condemned the massacre of over 100 civilians by Nigerian soldiers in several villages in Benue state. According to the report; Militia of Tiv ethnic group were believed to have abducted and murdered about 19 soldiers sent to restore peace in the crisis, between the Tivs and the Jukuns. The soldiers‟ mutilated bodies were later found in the village of Zaki Biam24. The Nigerian Human Rights group stated that the military operation which massacred the people of Zaki Biam, Vasea Anyirn Lorlo, Ugba, and Sankera began on Monday 22 October, 2001 and was carried' out by soldiers from 23rd Armored Brigade of the . These villagers were said to have been rounded up by the soldiers for a ______p.1 and 4; Nwokocha, J "Lagos Tragedy We want Deceased 'Families The vanguard Newspaper, 14 September 2003 P. 18; Njoku, L "Dead or Alive I want to see my Son" The Guardian Newspaper 14 September 2003 p.30; Orji, G "Police Probe Killing of General's Son" This Day Newspaper 13 September 2003 p.2; Balogun, J "State of Security in the Country" The Guardian, Friday 7 Ju1Y.2004 p.9 and 10 AI-Ghazali, M "The value of Nigerian Life" Daily Trust Newspaper Tuesday, 11 August 2009 p. 56. 22 www.en.wikipedia.org/wiki/Odi massacre. Accessed on 22/05/2013 23 The Nation Newspaper Wednesday, 20th February 2013 24 www.en.wikipedia.org!wiki/victor malu - Accessed on 24/05/2013

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Obiora..….. ..Int. J. Business & Law Research 9(1):185-194, 2021 meeting after which the men were separated from the others, shot and later set ablaze. This is nothing short of violation of the right to life of these victims which contravenes the 'provision of-section 33'of the 1999 Constitution of the Federal Republic ·of Nigeria as amended which provides:25 "that every person shall be entitled to life and no one shall be" deprived intentionally of his life, save in the execution of a sentence of a court in respect of a criminal offence of which he has been found guilty of in Nigeria." 2.3 Rape of a three Year Old Girl in .Gwagwalada, Abuja In 2007, a three year' old girl was raped by a- Mobile Policeman in Gwagwalada; Abuja. The officer allegedly called out the victim from her home, took her to a nearby stream and raped her. He then handed her over to a neighbor who took her to her mother. The matter was first aired on Nigerian Television Authority before it was formally taken up by the National Human- Rights Commission.26 This was a clear violation of her right to dignity of human person as guaranteed under the constitution. 2.4 Killing of a Three Year Old along Warri-Sapele Road On the 22nd of December, 2010, little Wilfred Egogo was enjoying a ride with her father and other siblings on their way home when she was hit in the head by a bullet. She slumped and died immediately. What happened was that a Mobile Policeman at a check point along Warri-Sapele road flagged down her father and when another officer sensed that he wasn't going to stop, he pulled the trigger and the bullet hit the innocent girl27. 2.5 Killing of a Female Banker at Mpape, Abuja Similarly, on the 31st of March, 2011, Mrs. Doris Nonye Okere, a banker who lived at Mpape, a suburb of the FCT, Abuja boarded a cob to her place of work. On her way she was shot and killed in cold-blood by a police guard at Zenith bank located in the area. She left behind a husband and eight month old baby.28 2.6 Press Freedom Aside from brutality and massacre of the citizens by the security is the violation of press freedom in Nigeria. Despite the transition from military to civilian rule in 1999, clampdowns assault, beatings unfair arrests and police raids against producers of print media have continued. Between June 2002 and September 2003 alone Media Rights' Agenda - (MRA), a Lagos based- Non-Governmental Organization which promotes, press freedom and freedom of expression recorded more than fifty cases of reported abuse of journalists' rights and other violations of freedom of expression,29 The Media Watchdog Reporters without Borders, Listed the Nigerian Police as the leading 'violator of Journalists' rights, On Sunday, April 24, 2010, Ed-Ugbagwu, a judicial correspondent of The Nation newspaper was murdered in Lagos. Also, Godwin Abgroko end Abayomi Ogundeji of THISDAY newspaper, Omololu Falobi and Boyo Ohu of the Guardian newspaper were all brutally killed in Lagos by unknown gunmen recently, All these killings and the reluctance of the National Assembly to pass the Freedom of Information Bill have further raised the question of press freedom once more in Nigerian democracy, The assault on the press' freedom is a fundamental breach of democratic norms, Proponents of free press believe it is uncalled for and reminds Nigerians of the dark days of impunity during the military era30. With Nigeria operating a democratic system of government, the freedom of expression, including the, freedom to hold opinions receive and impart ideas without interference should be a' fundamental right guaranteed under the Universal Declaration of Human Rights (UDHR), the African Charter 'on Peoples Rights, (ACHPR), the Constitution .of the Federal Republic 'of Nigeria 1999 and other regional and international treaties to which Nigeria is a party, Moreover" Section 39 (1) of the 1999 Constitution of FRN (as amended) provides that

______25 CFRN 1999 s33 (as amended) 26 National Human Rights Commission Newsletter, (December 2007) Vol 7 .pg 26 27 National Human Rights Commission Newsletter, (July - Sept 2011) Vol 12 Pg 2'- 28 Ibid. 29 ChurchHiJ.!, O' “imprisonment of Press Freedom in Nigeria" this day Newspaper, Tuesday 4 May 2010 p.7 30 Ibid.

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Every person shall be entitled to freedom of opinion and impart ideas and information without interference.

Media owners say that if politics is about development and the ultimate goal of any 'political system is to ensure the improvement of the security and welfare of the citizenry, then the resort to assault on the media negates fundamental rights and the rule of law, It merely demonstrates impunity and intolerance to alternative views, The brutal murder of Dele Giwo should specially' be remembered this day and the question repeated: Who-killed Dele Giwa? Civil rights claims are an important part of our legal system. Providing the balance between the duty of law enforcement to uphold the laws and the rights, of individuals to be' free from security services misconduct, the few circumstances stated above are clear instances of infringement or violation of rights to freedom of expression, human dignity and freedom from inhuman rights to freedom of expression, human dignity and freedom 'from inhuman and degrading treatment: 2.7 Rape of Four Women in Wuse Zone 2, Abuja In' December" 2012, .there was an act of rope, extortion and assault committed 'on some women by security agent~ in Wuse Zone 2, Abuja31 . According to the report, the soldiers (Corporal Nse- Eyedip married, Emeze Uzonna single, Ugwu Matthew single) attached to the Guard Brigade were deployed to ·patrol specific 'places in Abuja using a new patrol van, The soldiers allegedly resorted to raping girls including married women and stealing valuables. They usually began chasing their victims in the middle of, the night forcing them into their van before they would, take them to secluded areas in the Central Business District where they would be bullied, raped and extorted, The Army has since dismissed them after conducting a thorough investigation and testimonies were received by three of the victims32 The above is a clear violation of the right to private life and human dignity of these women. 2.8 Torture One Lawal Ganiyu, 50 years old, was recently arrested and tortured by the Police over an alleged tour million naira fraud. As a result of this he lost his' memory 'since April 25, 2013 when the incident took place and as at May 3, 2013 when it was being reported, he was still unconscious in a hospital33. This act constitutes a gross violation of his right to dignity of human person as enshrined under section 34 of the -1999 Constitution which provides that: "Every individual is entitled to respect for the dignity of human person and accordingly no person shall be subjected to torture or to human degrading treatment”. 2.9 Shooting of a Tanker Driver The Association of Tanker/Trailer Drivers recently protested over the shooting of one of their members who was carrying cattle from Maiduguri to Kano by a mobile policeman. The report had it that the driver got to a check point after Kano University of Science and Technology, Wudil where he gave the Policeman #100 bribe. Trouble ensued when the officer demanded that he should add #20 to make it #120. The driver who refused on the-ground that spent a lot on the journey and had nothing else to add was shot by the mobile policeman immediately. The "driver who was still recuperating in a hospital in Keno as at the time of filing the report on Tuesday, May 7, 2013 was lucky that the violation of his human right did not lead to loss of his life like many others who have had similar encounters on our roads34. One Akintokunbo Adejurno recently agreed with the revelation of the content of the damning 19 page report" by the Network on Police Reform in Nigeria(NOPRIN) which monitored over 400 police stations in 13 states of Nigeria. They had concluded that: "The Nigerian Police Force is now a danger to public safety and conduct of its personnel could be the cause of a major public health and mortality emergency on a national scale35 .According to the writer, it is a most welcome and eye opening report ______31 www.alytrust.com.ng accessed on Wednesday 23 January, .2013. 32 www.ynaiia.com/nemesis-soldier-dis ... accessed on Saturday 25th May, 2013 33 victim of-police brutality still suffering" The Nation Newspaper of Monday 6th May 2013. 34 www.dailytru5t.com.ng news accessed on 24th may 2013 35 Akintok'unbo, A: The Nigeria Police and Public Safety-in Aduba, J. "The R. Right to Life" NIALS 2011 at P

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which really further exposed the Nigerian Police Force as one of the most incompetent, inefficient, corrupt, 'brutal security organizations in Nigeria. This Report must be a real concern for the Nigerian Public because God help us, if it is not you today it might be a family 'member or friend tomorrow-who will fall into the callous hands of this organization 36. He continues: in 'fact the Nigerian Police Force no longer protects the Nigerian public rather, the Nigerian public should 'be protected from the men and women of this out dated force, and therein lies the problem because who is going to protect the' public? The government or ourselves?" The NOPRIN's coordinator said: “Commitment to the rule of law rings hollow as long as long as this administration takes no steps to bring an end to the epidemic of police killings and other abuses in Nigeria. What use is the rule of law if it cannot guarantee the right to life? A Police Force that kills this number of people cannot guarantee public-safety37

2.10 Baga Invasion One of the most recent cases of gross Human Rights violations is the Baga invasion by the Military Joint Task Force (JTF). There are so many versions of what happened in the month of April, 2013 in Baga – a fishing community in Borno State. The President and, Commander-in-Chief had consequently allowed an independent inquiry by the Notional Human Rights Commission to unravel what' actually happened in that community. But one report has it that the JTF having been frustrated by the uncooperative attitude of the Sago community in exposing. Members of the insurgent group otherwise called and the allegation that the insurgents launched on attack on the Joint Task Force which led to the death of one soldier the military decided to invade the community with a view to fishing out members of the group who would retreat to the community after unleashing violence on them. The result is usually disastrous whenever the military are involved in such 'a revenge mission'. To say therefore that Human Rights have been seriously violated in the course of this invasion would be on understatement. Between 187 and 400 people, mostly civilians were killed. Many of, the dead, were burnt beyond recognition when the homes of member's of the community perceived to be harboring the fleeing members of-the Boko Haram were tortured by the military Joint Task Force (JTF), Many „including women and children have been rendered homeless as a result of the unfortunate incident. An Associated Press journalist who accompanied the State official to Saga said soldiers purposefully set the fire during the attack38 2.11 Killing of Members of an Islamic Group It would be recalled that in June 2009, members of the Nigerian security forces during "Operation thunder Storm" killed members of the once peaceful Islamic group while, the group members were on a funeral procession over a traffic offence (for not using helmets). This marked the genesis, of the violent confrontation that has persisted between the Boko Haram militant 9Coup and the Nigerian security services39 The leader of the group was later executed in police custody in" June/ July 2009 without adherence to any due process or the rule of law40 2.12 The Black Maria Episode In 1980, there was a Black Maria episode where the' police packed seventy people in a Black Maria truck and left them standing for about three hours in the premises of a Lagos Magistrate Court. Though the prisoners were shouting and banging on the door, the policemen refused to open the door until most of them suffocated to death. President Shehu Shagari's order for the culprits „prosecution and was ignored.

3.0 Impediments to the Realization of Human Rights There are many factors responsible for the aggravation of Human Rights violations in Nigeria. Some of these include: ______36 Ibid. 37 Ibid. 38 www.ne\Ns.~tionalpost.com/2013 39 Ibid. 40 Ibid.

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3.1 Illiteracy/Lack of Adequate Training Most Nigerians are largely· uneducated and consequently unaware of "their fundamental rights as enshrined in the Constitution. They therefore do not know when such rights are infringed upon or violated not to talk of seeking redress: On the part' of the security agents, we have Issues' ranging from lack of proper orientation to lack of adequate training. We know the type 'of tough training usually given to the military for instance, such training can never place them' in a good position to manage civil crisis hence, there is violation of Human Rights and heavy casualties whenever they are involved. The police is the number one culprit, when it comes to case of corruption and illiteracy (some even entered the force through questionable processes such as forging entry certificates) ill- trained, ill-equipped, ill-oriented etc. According to NOPRIN‟s coordinator41, their leaders both political and organizational are corrupt hence, they find it difficult to operate as efficiently and humanely as one would expect in a normal conducive society. They are therefore not wholly to blame. They have to eat, pay their rent; send their children to school and generally exist like others, and because all these 6 basic necessities are not provided for them they have to resort to brutality, texture, corruption and blatant disregard for human life. This he said is not an -excuse for their bestiality but it should be recognized. He noted that: "Nigerian Police Force is ill trained,, ill-equipped; ill-orientated, ill-paid, ill-motivated and not respected. These people work more than eight hours a day standing on the road blocks and just totting their out - dated weapons. Even the ones in' the office - never seem to leave for home at night. Are there set hours to work? Mind you, I still give them some respect. There have been many instances of uncommon bravery and honesty in a few patches. Recently some courageous policemen were killed while battling armed robbers in various places in the' country. What happened to the families they left, behind? You ask me, if they will be well compensated for their irretrievable loss. Is there any kind of life Insurance for policemen killed in the course of duty as in many Western countries? What exactly do Policemen in Nigeria benefit from?42 3.2 Lack of diligent prosecution of violators This factor also contributes to exacerbate Human Rights violations when security officers are not taken to Court and even when they are token to, Court, the matter is not prosecuted to the end. The extent of violation by these security officers' is often down played, Sometimes when such cases are prosecuted to the end, the authorities flaunt the orders of the court with unimaginable impunity. In the recent case of Qyang Azi & 4 Others v. Federal Republic of Nigeria & 4 Others43 the cost or, award of damages to the tune of #10 million against the Federal Government and the 4 Others in favor of the Plaintiffs for the violation of their fundamental rights - (Right to personal liberty) is yet to receive any compliance. 3.3 Poverty This is another reason why violations of Human Rights thrive in our society. As- a-result of the high level, of poverty, many people whose rights are violated hardly seek redress when they consider the cost of legal representation. Some even keep quiet to avoid who! they regard as stigmatization' especially when such violation like rape is involved. 3.4 Ethnic/Religious Sentiments Sometimes, if the violator is from the same -religious or ethnic group with the superior officers who is handling the case, justice is often not served. 3.5 Attitude of Concerned Authorities The Government most of the time lacks the political will to take issues of human rights seriously, The National Human Rights Commission charged-with the, mandate of, protection and promotion of the rights of the citizenry has not done enough primarily", because the organization is handicapped by the non-gazette of the National Human Rights Act passed into law since 2010. Thus lawyers in the commission are unable to take up cases of violations, of Human Rights especially those violations perpetrated by security agents as such cases could even be taken up at the risk of their own lives. Suffice it also to say that inefficiency of government at all levels does not only violate the ______41 www.dailytrust.com.ng/news accessed on 24th may 2013 42 Ibid P. 3. 43Unreported suit delivered on the 26~ March, 2013 at Fed. High Court, Jos Judicial Division before Justice A.L.-ALLAGOA. W.

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Obiora..….. ..Int. J. Business & Law Research 9(1):185-194, 2021 social economic and - cultural rights of citizens, but, triggers other violations liken extrajudicial killings rape, torture, etc. it is also worthy of note that it is the violation of rights that brings about insecurity and not the other way round. 3.6 Espirit de corps In the forces is also encouraging violation of Human Rights for instance, where an officer commits an offence that constitutes a violation of' Human Rights and is brought before his superior, such an offending officer is shielded or when any action at all is taken, the officer involved in such violation is only dismissed and not prosecuted to serve as a deterrent to others. 3.7 Lack of sufficient legal aid As we mentioned earlier, most of the people violated do not know their rights and even if they know, the financial implications of litigation and the rigorous court processes discourage them. 3.8 Lack of Accountability for Ammunition Officers who are given ammunition especially the Nigerian Mobile Police use ammunition indiscriminately and do not account for such ammunition, thereby promoting the violation of citizens' right to life. 3.9 Resources Control and Allocation Resource control and allocation are an integral part of every federal system. But for Nigeria, stiff disagreements, regional, economic and political power game and controversies over the control and allocation have characterised and negatively affected the success of its federalism. In Nigeria's practice of federalism for sixty-three years, various issues of resource control agitation, controversies, conflicts, disagreement over vertical and horizontal allocation of revenue, corruption and excessive politicking have shaped and dominated the entire federal system 3.10 Sharia Law It is abundantly clear from section 10 of 1999 constitution of the Federal Republic of Nigeria as amended that Nigerian is a circular state. If that is the case why should sharia law be mentioned and given prominence in our constitution without any regard to other religious even traditional religion?

CONCLUDING REMARKS It must be called to round that there was a constitutional conference held in 1994/1995 held by general Sani Abacha as president of the Federal Republic of Nigeria and the National Political Reform Conference convoked by President Olusegun Obassnjo. In 2014 another National Conference was convoked by President Good Luck Jonathan with the following recommendations; Creation of 18 New States 2014 National Conference: Recommended the creation of 18 new states (three per geo-political zone. Resource control/Deviation Principle/Fiscal Federalism 2014 NC: The Conference noted that assigning percentage for the increase in derivation principle, and setting up Special Intervention Funds to address issues of reconstruction and rehabilitation of areas ravaged by insurgency and internal conflicts as well as solid minerals development, require some technical details and consideration. The Conference therefore recommends that Government should set up a Technical Committee to determine the appropriate percentage on the three issues and advise government accordingly. Public Finance/Revenue Allocation 2014: That the sharing of the funds to the Federation Account among the three tiers of government should be done in the following manner: Federal Government – 42.5%, State Governments – 35% and Local Governments 22.5%. Forms of Government 2014 NC: Recommended the Modified Presidential System, a home-made model of government that effectively combines the presidential and parliamentary systems of government. The president shall pick the vice president from the Legislature. The President should select not more than 18 ministers from the six geo -political zones and not more than 30% of his ministers from outside the Legislature. Reduce Cost of governance by pruning the number of political appointees and using staff of ministries where necessary. Legislature 2014 National Conference: Bi-cameral legislature, but all elected members of the legislative arms of all the tiers of government should serve on part-time basis

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Power Sharing/Rotation 2014 NC: Recommended that the presidential power should rotate between the North and the South and among the six geo-political zones while the governorship will rotate among the three senatorial districts in a state. Local Government 2014 NC: Local Government will no longer be the third tier of government. The federal and states are now to be the only tiers of government. States can now create as many local governments they want. The Joint State/Local Government Account be scrapped and in its place the establishment of a State RMAFC with representatives of LG and a Chairman nominated by the Governor. The Constitution should fix the tenure for Local Government Councils at three years. Conference recommends the scrapping of State Independent Electoral Commission, SIECs Immunity Clause 2014: The immunity clause should be removed if the offences attract criminal charges to encourage accountability by those managing the economy. Governance 2014 NC: The creation of the office of the Accountant General (Director-General) of the Federation as a distinct and separate office from the Office of the Accountant General of the Federal Government. The Office of the Accountant General of the Federation shall oversee the accruals of revenue into and disbursement from the Federation Account as and when due; and shall administer these funds as required by the Constitution, while the office of the Accountant General of the Federal Government shall oversee the accounts of the Federal Government. Anti-corruption: 2014: A Special Courts to handle corruption cases should be established in the light of undue prolongation in the trials and prosecution of corruption cases in the regular courts. A non-conviction- based asset forfeiture law should be enacted with broad provisions to deal with all issues of proceeds of crimes by the anti-graft agencies and the courts. Land Tenure Act 2014 NC: The Land Tenure Act should remain in the Constitution but be amended to take care of those concerns, particularly on compensation in Section 29 (4) of the Act to read “land owners should determine the price and value of their land based on open market value National Anthem 2014 NC: Re-introduce the old National Anthem Religion 2104 NC: The Conference recommended that there will be no government sponsorship of Christian and Muslim pilgrimages to the holy lands. It also resolved that churches and mosques should begin to pay tax to government.

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